Prosecution Insights
Last updated: October 02, 2026
Application No. 18/730,578

3D Display Stack and Method for Forming Same

Non-Final OA §103
Filed
Jul 19, 2024
Priority
Feb 07, 2022 — EU 22155387.8 +1 more
Examiner
SNYDER, ADAM J
Art Unit
Tech Center
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
647 granted / 924 resolved
+10.0% vs TC avg
Strong +19% interview lift
Without
With
+18.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
14 currently pending
Career history
950
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
63.8%
+23.8% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 924 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 16-17, 19-22, 24, 27, 31-33, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Bok et al (US 2021/0191552 A1) in view of Hayasaka et al (US 2010/0053119 A1). Claim 16, Bok (Fig. 1-104) discloses a method for forming a 3D display stack (Fig. 9D; wherein figure shows a display stack comprised of a display layers DISL, touch layer TSL, lens member 50L, and cover window 50), the method comprising: providing a first layer (Fig. 9D) comprising a display layer (DISL; Fig. 9D; wherein discloses a display layer DISL) and a touch sensor layer (TSL; Fig. 9D; wherein discloses a touch screen layer TSL); attaching a first portion (Fig. 9D; wherein figure shows cover window connected to element OFL directly) and a second portion (Fig. 9D; wherein figure shows lens member 50L connected to element OFL directly) of an adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film) to a top side of the first layer (TSL and DISL; Fig. 9D; wherein figure shows cover window 50 being attached by OCA (Paragraph [0244]) on a top side of touch layer TSL and display layer DISL); attaching a cover glass (50; Fig. 9D) to the first portion of the adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film); and attaching a 3D faceplate (50: Fig. 9D) to the second portion (Fig. 9D; wherein figure shows lens member 50L connected to element OFL directly) of the adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film). Bok does not expressly disclose respectively attaching a 3D faceplate to the second portion. Hayasaka (Fig. 1-10B) discloses respectively attaching a 3D faceplate (30a; Fig. 10a) to the second portion (Paragraph [0054]; wherein discloses “the lens substrate including the microlenses is not necessarily used, and the microlens 30a may be formed directly on the image pickup region 11B of the panel”; therefore providing respective placement of the microlens separate from cover layer). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok’s display stack by applying microlenses, as taught by Hayasaka, so to use a display stack with microlenses for providing an input/output device displaying a high-resolution two-dimensional image and being capable of detecting the position of an object in three-dimensional space in spite of having a low profile (Paragraph [0008]). Claim 31, Bok (Fig. 1-104) discloses a 3D display stack (Fig. 9D; wherein figure shows a display stack comprised of a display layers DISL, touch layer TSL, lens member 50L, and cover window 50) comprising: a first layer (Fig. 9D) with a display layer (DISL; Fig. 9D; wherein discloses a display layer DISL) and a touch sensor layer (TSL; Fig. 9D; wherein discloses a touch screen layer TSL); an adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film) provided on a top side of the first layer (TSL and DISL; Fig. 9D; wherein figure shows cover window 50 being attached by OCA (Paragraph [0244]) on a top side of touch layer TSL and display layer DISL); a cover glass (50; Fig. 9D) provided on a first portion of the adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film); and a 3D faceplate (50: Fig. 9D) provided on a second portion (Fig. 9D; wherein figure shows lens member 50L connected to element OFL directly) of the adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film). Bok does not expressly disclose respectively a 3D faceplate provided on a second portion. Hayasaka (Fig. 1-10B) discloses respectively a 3D faceplate (30a; Fig. 10a) provided on a second portion (Paragraph [0054]; wherein discloses “the lens substrate including the microlenses is not necessarily used, and the microlens 30a may be formed directly on the image pickup region 11B of the panel”; therefore providing respective placement of the microlens separate from cover layer). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok’s display stack by applying microlenses, as taught by Hayasaka, so to use a display stack with microlenses for providing an input/output device displaying a high-resolution two-dimensional image and being capable of detecting the position of an object in three-dimensional space in spite of having a low profile (Paragraph [0008]). Claim 17, Bok (Fig. 1-104) discloses wherein an adhesive layer material (Paragraph [0244]) extends continuously over the first (Fig. 9D; wherein figure shows cover window connected to element OFL directly) and second portion (Fig. 9D; wherein figure shows lens member 50L connected to element OFL directly) of the adhesive layer (Paragraph [0244]). Claim 19, Hayasaka (Fig. 1-10B) discloses wherein the second portion of the adhesive layer (Fig. 10A and 10B; wherein figure shows lens 30a being attached separately) is attached separately from the first portion of the adhesive layer (12; Fig. 2). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok’s display stack by applying microlenses, as taught by Hayasaka, so to use a display stack with microlenses for providing an input/output device displaying a high-resolution two-dimensional image and being capable of detecting the position of an object in three-dimensional space in spite of having a low profile (Paragraph [0008]). Claim 20, Bok (Fig. 1-104) discloses wherein a same adhesive layer material (Paragraph [0224]; wherein discloses an OCA film) is used for the first portion (Fig. 9D; wherein figure shows cover window connected to element OFL directly) of the adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film) and the second portion (Fig. 9D; wherein figure shows lens member 50L connected to element OFL directly) of the adhesive layer (Paragraph [0244]; wherein discloses cover window 50 is attached to the upper surface of OFL layer by a transparent adhesive member such as an OCA film). Claim 21, Bok (Fig. 1-104) discloses wherein adhesive layer materials (Paragraph [0224]; wherein discloses an OCA film) are used for the first portion of the adhesive layer (Fig. 9D; wherein figure shows cover window connected to element OFL directly). Hayasaka (Fig. 1-10B) discloses wherein different adhesive layer materials (34; Fig. 10B; Paragraph [0054]; wherein discloses a resin layer) are used for the second portion of the adhesive layer (Fig. 10B). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok’s display stack by applying microlenses, as taught by Hayasaka, so to use a display stack with microlenses for providing an input/output device displaying a high-resolution two-dimensional image and being capable of detecting the position of an object in three-dimensional space in spite of having a low profile (Paragraph [0008]). Claim 22, Bok (Fig. 1-104) discloses wherein at least one of the different adhesive layer materials (Paragraph [0224]; wherein discloses an OCA film) is selected from a group consisting of: an optically clear adhesive film material (Paragraph [0224]; wherein discloses an OCA film), an optically clear resin film material, and a liquid optically clear adhesive material. Claim 24, Bok (Fig. 1-104) discloses wherein the same adhesive layer material (Paragraph [0224]; wherein discloses an OCA film) is selected from a group consisting of: an optically clear adhesive film material (Paragraph [0224]; wherein discloses an OCA film), an optically clear resin film material, and a liquid optically clear adhesive material. Claim 27, Bok (Fig. 1-104) discloses wherein providing the first layer (10; Fig. 9D) comprises bonding (Paragraph [0239]) a touch sensor layer (TSL; Fig. 9D) to a top side of the display layer (DISL; Fig. 9D) using a further adhesive layer (Paragraph [0239]; wherein discloses “the touch screen layer TSL may be separately provided and then coupled to the upper surface of the encapsulation member of the display layer DISL via an adhesive layer, such as an optically clear adhesive (OCA)”). Claim 32, Bok (Fig. 1-104) discloses wherein the first portion of the adhesive layer. Bok (Fig. 1-104) discloses the first portion (Fig. 9D; wherein figure shows cover window connected to element OFL directly) of the adhesive layer (Paragraph [0224]; wherein discloses an OCA film). Hayasaka (Fig. 1-10B) discloses wherein the adhesive layer (34; Fig. 10B; Paragraph [0054]; wherein discloses a resin layer) differs from the second portion of the adhesive layer (34; Fig. 10B). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok’s display stack by applying microlenses, as taught by Hayasaka, so to use a display stack with microlenses for providing an input/output device displaying a high-resolution two-dimensional image and being capable of detecting the position of an object in three-dimensional space in spite of having a low profile (Paragraph [0008]). Claim 33, Hayasaka (Fig. 1-10B) discloses wherein an adhesive layer material (34; Fig. 10B) of the second portion (30a; Fig. 30B) of the adhesive layer is optically clear resin (Paragraph [0054]; wherein discloses pickup pixel receive light through microlenses; therefore resin 34 is clear; 34; Fig. 10B; wherein discloses a resin layer). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok’s display stack by applying microlenses, as taught by Hayasaka, so to use a display stack with microlenses for providing an input/output device displaying a high-resolution two-dimensional image and being capable of detecting the position of an object in three-dimensional space in spite of having a low profile (Paragraph [0008]). Claim 35, Hayasaka (Fig. 1-10B) discloses wherein optically clear resin (Paragraph [0054]; wherein discloses pickup pixel receive light through microlenses; therefore resin 34 is clear; 34; Fig. 10B; wherein discloses a resin layer) is provided horizontally between the cover glass (33; Fig. 10B) and the 3D faceplate (30a; Fig. 10B). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok’s display stack by applying microlenses, as taught by Hayasaka, so to use a display stack with microlenses for providing an input/output device displaying a high-resolution two-dimensional image and being capable of detecting the position of an object in three-dimensional space in spite of having a low profile (Paragraph [0008]). Claims 18, 23, 25-26, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Bok et al (US 2021/0191552 A1) in view of Hayasaka et al (US 2010/0053119 A1) as applied to claim 17, 21, 19, 33 above, and further in view of Wilde (WO 2013/016859 A1). Claims 18, 23, and 25, Bok in view of Hayasaka discloses the method according to claim 17, 21, and 19. Bok in view of in view of Hayasaka does not expressly disclose wherein: a liquid optically clear adhesive material is used as adhesive layer material for the second portion of the adhesive layer; and attaching the 3D faceplate comprises pushing the 3D faceplate on the liquid optically clear adhesive material such that the liquid optically clear adhesive material flows into a gap positioned horizontally between the 3D faceplate and the cover glass. Wilde (Fig. 1-9) discloses wherein: a liquid optically clear adhesive material (36a; Fig. 6-9; Paragraph [0024]; wherein discloses an optically clear adhesive (OCA) liquid 36a) is used as adhesive layer material for the second portion (Paragraph [0025]; wherein discloses a optically clear top plate) of the adhesive layer (36a; Fig. 6-9); and attaching the 3D faceplate (38; Fig. 6-9) comprises pushing the 3D faceplate (Fig. 7; see down arrows) on the liquid optically clear adhesive material (36a; Fig. 7) such that the liquid optically clear adhesive material flows (Fig. 7 and 8; see outward arrows) into a gap positioned horizontally (Fig. 9) between the 3D faceplate (32; Fig. 9) and the cover glass (12; Fig. 9). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok in view of Hayasaka’s display stack by applying liquid optically clear adhesive material, as taught by Wilde, so to use a display stack with liquid optically clear adhesive material for providing a better and more reliable yield, a faster assembly process (Paragraph [0007]). Claim 26, Bok (Fig. 1-104) discloses wherein providing the first layer (10; Fig. 9D) comprises bonding (Paragraph [0239]) a touch sensor layer (TSL; Fig. 9D) to a top side of the display layer (DISL; Fig. 9D) using a further adhesive layer (Paragraph [0239]; wherein discloses “the touch screen layer TSL may be separately provided and then coupled to the upper surface of the encapsulation member of the display layer DISL via an adhesive layer, such as an optically clear adhesive (OCA)”). Claim 34, Bok in view of Hayasaka discloses the 3D display stack according to claim 33. Bok in view of Hayasaka does not expressly disclose wherein the second portion of the adhesive layer is positioned vertically between the 3D faceplate and the first layer and has a thickness of at most 15 pm. Wilde (Fig. 1-9) discloses wherein the second portion of the adhesive layer (36a; Fig. 9) is positioned vertically between the 3D faceplate (32; Fig. 9) and the first layer (12; Fig. 9) and has a thickness of at most 15 pm (Paragraph [0024]; wherein discloses “The thickness of the OCA film 36 can vary. In some embodiments, the film 36 can be about 0.01-0.5 mm thick, and in other embodiments about 0.05-0.1 mm thick”). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok in view of Hayasaka’s display stack by applying liquid optically clear adhesive material, as taught by Wilde, so to use a display stack with liquid optically clear adhesive material for providing a better and more reliable yield, a faster assembly process (Paragraph [0007]). Claims 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Bok et al (US 2021/0191552 A1) in view of Hayasaka et al (US 2010/0053119 A1) as applied to claims 27 and 16 above, and further in view of Wang (US 2014/0124121 A). Claim 28, Bok in view of Hayasaka discloses the method according to claim 27. Bok in view of Hayasaka does not expressly disclose further comprising performing a quality control step at least after bonding the touch sensor layer to the top side of the display layer. Wang (Fig. 1-10) discloses further comprising performing a quality control step (422; Fig. 8) at least after bonding (416; Fig. 8) the touch sensor layer to the top side of the display layer (Paragraph [0074]). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok in view of Hayasaka’s display stack by applying a method of manufacturing, as taught by Wang, so to use a display stack with a method of manufacturing for providing the manufacture method of the touch and display device of the second embodiment of the invention, all the manufacture acts can be performed in the same workshop, for the factory end it is only needed to at least respectively arrange one quality control zone at the incoming factory material end and the out-going product end, and for the client end it is only needed to arrange one quality control zone at the out-going electronic device end so as to effectively achieve the purpose of quality control to and effectively reduce the labour power and cost of quality control (Paragraph [0065]). Claim 29, Bok in view of Hayasaka discloses the method according to claim 16. Bok in view of Hayasaka does not expressly disclose further comprising performing a quality control step at least after for at least one of the group consisting of: attaching the cover glass to the first portion of the adhesive layer; and attaching the 3D faceplate to the second portion of the adhesive layer. Wang (Fig. 1-10) discloses further comprising performing a quality control step (414; Fig. 8; Paragraph [0074]) at least after for at least one of the group consisting of: attaching the cover glass to the first portion of the adhesive layer (412; Fig. 8; Paragraph [0074]; wherein discloses “the touch panel with the protection film can be laminated with the OCA again (act 412)”); and attaching the 3D faceplate to the second portion of the adhesive layer. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok in view of Hayasaka’s display stack by applying a method of manufacturing, as taught by Wang, so to use a display stack with a method of manufacturing for providing the manufacture method of the touch and display device of the second embodiment of the invention, all the manufacture acts can be performed in the same workshop, for the factory end it is only needed to at least respectively arrange one quality control zone at the incoming factory material end and the out-going product end, and for the client end it is only needed to arrange one quality control zone at the out-going electronic device end so as to effectively achieve the purpose of quality control to and effectively reduce the labour power and cost of quality control (Paragraph [0065]). Claim 30, Bok in view of Hayasaka discloses the method according to claim 16. Bok in view of Hayasaka does not expressly disclose further comprising using a mounting tool for at least one of the group consisting of: attaching the cover glass to the first portion of the adhesive layer; and attaching the 3D faceplate to the second portion of the adhesive layer. Wang (Fig. 1-10) discloses further comprising using a mounting tool (Paragraph [0073]; wherein discloses a lamination machine) for at least one of the group consisting of: attaching the cover glass to the first portion of the adhesive layer (Paragraph [0074]; wherein discloses “the touch panel with the protection film can be laminated with the OCA”); and attaching the 3D faceplate to the second portion of the adhesive layer. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bok in view of Hayasaka’s display stack by applying a method of manufacturing, as taught by Wang, so to use a display stack with a method of manufacturing for providing the manufacture method of the touch and display device of the second embodiment of the invention, all the manufacture acts can be performed in the same workshop, for the factory end it is only needed to at least respectively arrange one quality control zone at the incoming factory material end and the out-going product end, and for the client end it is only needed to arrange one quality control zone at the out-going electronic device end so as to effectively achieve the purpose of quality control to and effectively reduce the labour power and cost of quality control (Paragraph [0065]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J SNYDER whose telephone number is (571)270-3460. The examiner can normally be reached Monday-Friday 8am-4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh D Nguyen can be reached at (571)272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Adam J Snyder/Primary Examiner, Art Unit 2623 09/04/2026
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Prosecution Timeline

Jul 19, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
89%
With Interview (+18.8%)
2y 7m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 924 resolved cases by this examiner. Grant probability derived from career allowance rate.

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